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State of Jammu-Kashmir - Section

Section 238 in Jammu and Kashmir Contract Act, Svt. 1977 (1920 A.D.)

238. Effect, on agreement, of misrepresentation or fraud by agent

—Misrepresentations made, or frauds committed, by agents acting in the course of their business for their principals, have the same effect on agreements made by such agents as if such misrepresentation or frauds had been made or committed by the principals; but misrepresentations made, or frauds committed, by agents, in matters which do not fall within their authority, do not affect their principals.Illustrations
(a)A, being B's agent for the sale of goods, induces C to buy them by a misrepresentation, which he was not authorised by B to make. The contract is voidable, as between B and C, at the option of C.
(b)A, the captain of B's Ship, signs bills of lading without having received on board the goods mentioned therein. The bills of lading are void as between B and the pretended consignor.
[Chapter XI of Partnership Containing Sections 239-266 Repealed by Act V of 1996][Chapter VII Section 76-123 repealed by Act II of 1996.]